Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    ✖ Legal, but banned for minors
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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History

Homosexual activity in Montana

?

Homosexual activity in Montana is legal.

Current status
Since Apr 18, 2013
Legal
Though the US Supreme Court and the Montana Supreme Court both ruled the law unconstitutional and unenforceable as early as 2003, it remained on the books until officially removed on 4/18/2013.
Sources:
MCA 45-2-101 § 21
leg.mt.gov/bills/mca/45/2/4…
Redacted during SB 0107 April 18, 2013 Sec. 4 § 21
leg.mt.gov/bills/2013/billh…
sdgln.com/news/2013/04/19/m…
Added by nickreitan  ·  Report error  ·  Log
Until Jun 26, 2003
Legal
US Supreme Court ruling issued in Lawrence v. Texas struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy.
Added by imullin01  ·  Report error  ·  Log

Same-sex marriage in Montana

?

Same-sex marriage in Montana is legal.

Current status
Since Nov 19, 2014
Legal
A supreme court judge struck down the same-sex marriage ban, allow same sex couples to marry
Added by vviet93  ·  Report error  ·  Log

Censorship of LGBT issues in Montana

?

Censorship of LGBT issues in Montana is no censorship.

Current status
No censorship
There are no laws censoring LGBT topics in Montana.
Added by tsusamu  ·  Report error  ·  Log

Right to change legal gender in Montana

?

Right to change legal gender in Montana is illegal.

Current status
Since Oct 23, 2023
Illegal
The 2022 ruling has been put in effect. Any changes received by or after October 23, 2023 will be done under the new criteria.

It is now not possible to change one's gender marker unless it was wrongly marked at birth. Transgender people cannot update their documents.
Sep 19, 2022–Oct 23, 2023
Legal, no restrictions
Judges have struck down Montana's ban on birth certificate gender marker changes for transgender people. The judges argue the state acted in bad faith, as they were told to suspend the requirement for surgery, not the change of birth certificates altogether.
Added by Notdog1996  ·  Report error  ·  Log
May 23, 2022–Sep 19, 2022
Illegal
Montana will no longer amend sex markers on birth certificates, unless biological sex was "marked wrong" at birth.
Added by Notdog1996  ·  Report error  ·  Log
Until May 23, 2022
Legal, no restrictions
Missing non binary options on drivers licenses.
Added by Ausyk  ·  Report error  ·  Log

Gender-affirming care in Montana

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Gender-affirming care in Montana is legal, but banned for minors.

Current status
Since Jan 1, 2023
Legal, but banned for minors
Minors are unable to access gender affirming care effective after the bill was in effect. Adults are able to get gender affirming care in Montana. Representative Zooey Zephyr testified against SB 99, she was soon expelled from the Senate floor after her speech after she stated that other law makers had "blood on their hands".
Sources:
leg.mt.gov/bills/2023/billp…
bridgercare.org/lgbtqresources#:~:text=Several%20providers%20at%20Bridgercare%20offer,Insurance%20and%20Medicaid%20accepted.
apnews.com/article/zooey-ze…
Added by Belmount  ·  Report error  ·  Log

Legal recognition of non-binary gender in Montana

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Legal recognition of non-binary gender in Montana is not legally recognized.

Current status
Not legally recognized
Not currently recognized.
Added by Notdog1996  ·  Report error  ·  Log

LGBT discrimination in Montana

?

LGBT discrimination in Montana is illegal in some contexts.

Current status
Since Jul 30, 2016
Illegal in some contexts
Discrimination protection for state employees. as well complete city protections in 4 cities. As well in 1 county. Federal sex discrimination protection under section VII. Sexual orientation and gender identity under federal hate crime law.
Added by Ausyk  ·  Report error  ·  Log

LGBT employment discrimination in Montana

?

LGBT employment discrimination in Montana is sexual orientation and gender identity.

Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Added by Notdog1996  ·  Report error  ·  Log
Until Jun 15, 2020
Sexual orientation only
State employees are provided with domestic partner benefits. Additionally, state employees are protected from discrimination based upon sexual orientation only.
Added by imullin01  ·  Report error  ·  Log
Jan 9, 2016–Sep 14, 2018
Ambiguous
Only for state employment. 4 city full discrimination protections. as well as sex discrimination which includes gender identity under section VII. Full discrimination protection pending for all employment statewide.
Added by Ausyk  ·  Report error  ·  Log

LGBT housing discrimination in Montana

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LGBT housing discrimination in Montana is no protections.

Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.

However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Added by imullin01  ·  Report error  ·  Log
Dec 16, 2014–Sep 20, 2018
Ambiguous
Only under city discrimination protections. Pending state wide.
Added by Ausyk  ·  Report error  ·  Log

Same-sex adoption in Montana

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Same-sex adoption in Montana is legal.

Current status
Legal
Single-parent and married petitioning jointly are allowed in adoptions per Montana Code 42-1-106. Second-parent adoption is allowed per Montana Code 42-4-302(c)(2).
Sources:
www.lambdalegal.org/states-region/montana
Mont. Code 42-1-106
Mont. Code 42-4-302(c)(2)
Added by imullin01  ·  Report error  ·  Log

Intersex infant surgery in Montana

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Intersex infant surgery in Montana is not banned.

Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Added by Unknownmiles  ·  Report error  ·  Log

Serving openly in military in Montana

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Serving openly in military in Montana is legal.

Current status
Since Sep 20, 2011
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Added by imullin01  ·  Report error  ·  Log

Blood donations by MSMs in Montana

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Blood donations by MSMs in Montana is legal.

Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Added by Notdog1996  ·  Report error  ·  Log
Apr 2, 2020–May 11, 2023
Banned (less than 6-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by Ausyk  ·  Report error  ·  Log
Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Added by JerofDoorhandle  ·  Report error  ·  Log
1983–Dec 21, 2015
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
Added by imullin01  ·  Report error  ·  Log

Conversion therapy in Montana

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Conversion therapy in Montana is not banned.

Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.

Equal age of consent in Montana

?

Equal age of consent in Montana is equal.

Current status
Equal
at the age of sixteen.
Added by Ausyk  ·  Report error  ·  Log